My company want all staff based at the head office, Meet the

Customer Question

My company want all staff based at the head office, 'Meet the Team' (8 staff) to give them a head photograph to put on their website. My colleague and I do not want to this as we are both very private individuals, not on facebook, twitter etc. What is our position in refusing to do this?

Apologies for the slight delay, I experienced some temporary connection issues last night. This is a tricky issue as there is nothing specific in law that deals with such situations. As you are aware many companies have photos of their staff on their websites so it is a common occurrence these days to have this. However, it is still important to have the employees' consent before this is done, or at least to have a clear workplace policy that deals with this.

"A photograph of an employee displayed on the organisation's intranet would represent "personal data" under the Data Protection Act 1998, and its display would also have implications under the privacy provisions of the Human Rights Act 1998.

Under the Data Protection Act 1998, employers are obliged to process personal data "fairly and lawfully". This means that data about an individual must not be processed unless either the employee has consented to its use or one of a restricted list of conditions is met. "Data processing" includes the collection, use and disclosure of personal information, whether held manually or on computer.

Furthermore, individuals have the right under the Act to be informed if personal data about them is being processed and the reasons why it is being processed. They also have the right to be told to whom the data may be disclosed, as well as the right to request access to the data.

Under Article 8 of the Human Rights Act 1998, individuals have the right to respect for their private and family life, home and correspondence. Using an employee's photograph on an intranet system will be an infringement of that person's private life, unless the employee's consent has first been obtained.

It follows from all this that the employer would be obliged in all cases to obtain an employee's permission before placing his or her photograph on its intranet."

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.

Solicitors are online now

Type Your Employment Law Question Here...

characters left:

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.